Practice point: A contractual obligation, standing alone, does not give rise to tort liability in favor of a third party, excapt (1) where the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties; and (3) where the contracting party has entirely displaced the other party's duty to maintain the premises safely.
Student note: Because a finding of negligence must be based on the breach of a duty, a
threshold question in tort cases is whether the alleged tortfeasor owed
a duty of care to the injured party.
Case: Cioffi v. Raritan Bldg. Servs. Corp., NY Slip Op 06411 (2d dept. 2015)
Here is the decision.
Tomorrow's issue: Disclosure.